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Moore v. State

The superior court had concurrent jurisdiction with the juvenile court over a 1974 armed robbery offense, which the defendant committed when he was 16 years old.

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A jury found William Danny Moore guilty of armed robbery. Since Moore had three prior felony convictions, he was sentenced to life in prison without parole pursuant to OCGA § 17-10-7 c. In two separate appeals, Moore challenges the validity of his sentence. Specifically, Moore contends that, because he was a minor when he committed one of the prior felonies —a 1974 armed robbery —jurisdiction lay in the juvenile court rather than the superior court, which accepted his guilty plea. Thus, he maintains that his conviction for the 1974 crime is void and cannot serve as a basis for recidivist punishment. We disagree. The undisputed facts reveal that on June 18, 1974, Moore robbed a woman at gunpoint. Two days later, he shot and killed a man. At the time Moore committed these two crimes, he was 16 years old. Initially, the murder case was docketed in the juvenile court, which transferred the matter to the superior court. However, Moore was indicted for armed robbery in the superior court, and that matter was never before the juvenile court. In October 1974, the superior court accepted Moore’s guilty plea on both charges.

In July 1991, Moore committed two more armed robberies. Following the second 1991 armed robbery, the trial court sentenced Moore to life in prison without parole in accordance with OCGA § 17-10-7 c.1 In so doing, the trial court relied upon the 1974 armed robbery conviction as one of the three prior felonies for purposes of recidivist sentencing. Moore thus filed a motion to “correct, modify and/or strike” his sentence for the 1991 crime, asserting that the 1974 conviction was void as a matter of law. He also filed a separate petition, challenging the 1974 sentence. The trial court denied both motions, and Moore filed the instant appeals.

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